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Udoj Fbop South Central Region Monthly Litigation Report Jan 1997

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u.s. Department of Justice
Federal Bureau of Prisons
Dallas, Texas 75219

South Central Regional Office

February 5, 1997

MEMORANDUM FOR WALLACE H. CHENEY
ASSISTANT DIRECTOR/GENERAL COUNSEL
CENTRAL OFFICE
FROM:

Michael D. Hood, Regional Counsel

SUBJECT:

Monthly Report - January, 1997

(SclXJ}

ADMINISTRATIVE REMEDIES

It

JAN
144
52

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

JAN
pending
151
Received
51
Answered
50
152
Pending
Over Six Mon
0

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

FEB

MAR

APR

MAY

JUN

JUL

AUG

SEP

OCT

NOV

DEC

Received
Answered

TORT CLAIMS

#
#
#
#
#

FOI/PRIVACY

#
#
#
#
#

•

JAN
80
Pending
47
Received
19
Answered
108
Pending
OVer 30 Days 72

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.TIGATION
New Cases Recd
Cases Closed
Habeas Corpus

JAN
32

FEB

MAR

APR

MAY

JON

JUL

AUG

SEP

OCT

NOV

3

25

Bivens

4

FTCA

3

Other
0
Lit Reports
23
Cases With Hearing
or Trials
2
Cases With Settlements
or Awards
0
Tort Claim
Settlements
0
SIGNIFICANT CASES

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L. J. and Maylene Carter, LR-C-95-407 (ED/AR)
In this FTCA action, the plaintiffs sought reimbursement for
subsistence fees charged while they were housed in a halfway
house. Their theory was based on the fact that the Judgment
and Commitment Order, which did impose fines and restitution,
contained the form language that liThe fine includes any costs
of incarceration and/or supervision." On January 21, 1997, the
court ruled that we acted within our authority in collecting
the subsistence fees, and that our actions were not in
violation of the J & C. The court also noted that plaintiffs
did have a choice in the matter - if they did not want to pay
subsistence, they could have been housed in a correctional
institution, where no subsistence or costs of incarceration
would have been assessed.
Daniel Schmaus y. N. L. COnner, 6:96CV1023

(ED/TX)

In this Habeas action, the inmate alleges his third revoked
term of Special Parole had expired and the u.S. Parole
Commission had determined his "sentence had expired". He
alleges the Bureau of Prisons refuses to release him .

•

DEC

3

Eddie Wayne Roberson v. Warden, 5:96CV216

•

(ED!TX)

In this Habeas action, the inmate alleges the Warden refuses to
give jail time credit for time he spent in state custody under
federal detainer.
CRIMINAL MATTERS/PROSECUTION
FPC BRYAN

case continues to be active. The letter
termination has been withdrawn , and i t is expected
will return to work on Monday, January 27th.
be assigned to answer telephones and will work
ontrol Center with another officer present at all
times.
This restriction in his work status is being imposed
because additional information has c o m
Ii~
htond DIG has
tlreactivated" their investigation into
activities.
One of the inmate witnesses, who is current y ~n the Lubbock
area, will be reinterviewed.
Further action regarding the case
will be based upon the witnesses statement.

•

ation into allegations of sexual impropriety by
Physician Assistant, continues.
OIG agents and
an ss~s an
.5. Attorney from Main Justice (Civil Rights)
will be in the institution at a yet undetermined date in the
future to interview the subject and others .
allegations of sexual impropriety raised
Correctional Officer, continues.
with a Search Warrant to provide blood
with the Warrant, and the blood sample has
to the FBI Laboratory in Quantico, Virgina, for
analysis.
Further activity in this case is contingent upon the
results of the blood .analysis.
FCl EL RENO
Harwood, Escape, pending.
Harris, Introduction of Drugs, FBI declines due to small amount
(previously reported).
The Warden concurs with reservations,
but has decided not to pursue.
Hiliard, Possession of Marijuana, pending
(previously
reported).
The Warden is advocating for the Assistant U.S.
Attorney to pursue.
Jones, Introduction of Marijuana, sentence next week .

•

Lamar, Introduction of Narcotics, pending.

4

Luevano, Attempted Murder, pled guilty, awaiting sentencing.

•

Martinez, Introduction of Narcotics, pending .
Robitaille, Escape, pending.
Wilson, Assaulted staff, Introduction of Narcotics, sentenced
27 months.
FTC OKLAHOMA

The Warden concurs with all nonsubmittals.
A credit card fraud involving Sears was detected during
telephone monitoring. The matter was referred to the FBI who
then referred it to Secret Service. Secret Service accepted
the case.
On December 20, 1996, staff noticed.a section of a wall in one
of the SHU cell had been dug away. Staff also found pieces of
metal and plastic electrical box used in the shower control
hidden in the mattresses along with one metal bracket that had
been fashioned into a weapon. This matter of attempted escape
was referred to the FBI, and it was determined this matter did
not qualify for referral to the u.S. Attorney's Office. The
Warden concurred because of insufficient facts to support the
charge.
On December 23, 1996, an inmate threw an unknown liquid
substance out of his SHU cell food slot, hitting the officer in
the chest and stomach area. This matter of staff assault was
referred to the FBI but was not submitted to the u.S.
Attorney's Office.
On December 30, 1996, an inmate in SHU struck his food tray and
knocked it off the food slot, striking the officer in the
abdomen area. This staff assault was referred to the FBI but
was a non-submittal to the u.S. Attorney's Office.
On January 8, 1997, two inmates were fighting in Food Service.
They were separated, seen by medical staff, and placed on
administrative detention. The FBI deemed this a non-submittal
and did not refer the matter to the u.S. Attorney's Office.
On January 14, 1997, the unit officer saw inmate Olowodola
running after inmate Williams while yelling and swinging a fire
extinguisher. This matter of inmate assault was referred to
the FBI but was not referred to the u.S. Attorney's Office .

•

5

•

On January 18, 1997, an inmate in SHU threw an empty urine
specimen bottle through the food slot and struck the officer in
the upper chest area. This matter was deemed by the FBI as a
non-submittal to the U.S. Attorney's Office.
FCI TEXARKANA
Inmates Cordova-Rodriquez and Morris Haughton became involved
in a heated verbal argument in the Dining Hall at FCI
Texarkana. Haughton then assaulted Cordova-Rodriguez by
cutt~ng him across the forehead with a single edge razor blade.
Cordova-Rodriquez received 32 sutures to close the wound.
The
razor blade was discovered on the floor near the area of the
incident.
~
The U. S. Attorney has accepted prosecution against Morris
Haughton. The case was set for trial on January 28, 1997, and
will be continued through next month in Texarkana. Five (5)
staff members have been subpoenaed as witnesses already.
FeI THREB RIVERS

•

The U.S. Attorney's office has declined prosecution in the
Garcia-Chavez homicide case (incident occurred in May 1996) for
the following reasons: forensic evidence was insufficient to
support prosecution and the only witness was not credible.
The
Warden has been advised, and has not pursued the matter
further.
On January 5, 1997, Jorge Ramon, Jr. and Clemente Valdez, Jr.
were involved in a fight/assault in an inmate's living unit,
which resulted in inmate Ramon receiving several stab wounds.
Investigation revealed both inmates had agreed to fight.
Both
inmates were placed in -Special Housing. The Assistant U.S.
Attorney's Office has not advised whether they will seek
prosecution.
SIGNIFICANT TORT CLAIM
Inmate Marsha BUCHANON, Register Number 19548-001 - Former
inmate at FMC Carswell has submitted an administrative claim
(T-SCR-97-20), alleging that while she was being x-rayed on
January 17, 1995, the x-ray machine malfunctioned and she
sustained burns to both of her eyes.
She claims that the
examination revealed she had sustained flash burns and had
photophobia/photo sensitivity. She is seeking three hundred
thousand dollars ($300,000.00) in damages.

•

A review of the medical documents she attached to her claim
indicates that on January 17, 1995, a physician at FMC Carswell
noted in her medical chart that she had photophobia secondary
to flash in her eyes.

6

CASES WITH HEARING OR TRIAL

•

Hoot v. Gibson, A-96-CA-390 (WO/TX)

On January 28, 1997, Judge Sparks held a hearing to consider
the petitioner's request for DAP credit for seven weeks spent
in non-DAP bed as the resul~ of mutual error of staff and
petitioner. The Central Of=ice's position that the petitioner
had not met the statutory requirement of 180 days in a DAP bed
was articulated by Dr. J. Jones, DAP Administrator, SCRO. The
Court ruled that the equities of the case were in the
petitioner's favor, and entered judgment orally in favor of the
Petitioner.
Gerald Esposito y. George E. Killinger. et al., 4:96-CV-927-Y
ND/TX

A hearing was held on January 31, 1997, on a pending TRO on
ESPOSITO, Gerald, who claims we have denied him adequate
medical care. At the hearing, the Court denied the TRO due to
the requested medical procedure being scheduled. The Judge
suggested that Inmate Esposito drop the case to avoid it being
dismissed as frivolous.
UPCOMING TRIAL OR HEARINGS

•

Randy Dwayne wells y.

w.

F. Woods. et al., C-96-149 (SO/TX)

Evidentiary hearing is scheduled for February 24, 1997, before
a U.S. Magistrate Judge. Plaintiff is alleging deliberate
indifference to medical injury and needs.
Plaintiff is
alleging he suffered a head injury at FCI Three Rivers, on
March 13, 1994, and now suffers from loss of smell and taste.
Spanjol y. USA, 4:94-CV-237 (ND/TX)

A hearing is scheduled for March 10 and 11, 1997.
We received word that Judge McBryde has scheduled a trial on
wall Muhammed y. USA during the week of April 28, 1997. There
are concerns that the Judge may find liability on the issue of
negligence in the placement of plaintiff in a non-handicapped
accessible facility.
The matter is being reviewed further by
the legal staff .

•
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7

SITUATIONS OF INTEREST

•

FCC BEAUMONT
January ~O, 1997, Paul Layer attended the FCC Beaumont's
Community Relations Board Meeting and made a presentation
introducing the Board Members to the FCC Beaumont Legal
Department's function.
January 17, 1997, Karen Summers, Larry Weston (DHO) , and Paul
Layer hosted a tour of the FCC Beaumont for u.S. District Court
Magistrate Judge Wendell Radford and his staff of fifteen. At
one point during the tour, the group attended Paul Layer's A&O
lecture to new inmates at the FCI (LOW) re:
Legal Department
role, FTCA procedures, FOIA/PA, and Administrative Remedy
Program.
The off-site medical care procedures (contract modifications)
were approved by the Central Office and presented to UTMB for
consideration.
FMC CARSWELL

u.s. y.

•

Mansour, Basha

Contacted the Assistant U.S. Attorney to begin commitment
process under 18 USC 4245 .
FTC OKLABOMA
On January 29, 1997, Congressman J.C. Watts and his staff along
with staff members from Congressman Lucas, Watkins, and
Istook's offices took a tour. Staff members from Senators
Nickles and Inhofe's offices will also be in attendance, along
with Payne County D.A. and the 4th District Crime Task Force
members. They will also visit FCI El Reno.
SOUTH CENTRAL REGION
On January 16, 1994, Patrick Gardener from Congressman J.C.
Watts Office, Oklahoma City, Oklahoma, visited with Acting
Regional Director Michael Hood.

•

SIGNIFICANT ADM1NISTRATIVE REMIDtES
Inmate Wayne Matra, at FeI Texarkana, filed a Request for
Administrative Remedy, Case Number 124992-F1, the inmate
alleges discrimination in religious practices. He alleges the
institution is not utilizing the proper "prayer oil". The
institution's response was that the oil was not a religious
item in itself; however, it was used to facilitate a religious
practice. We agreed to return to using the requested oil.

8

MEDICAL MALPRACTICE

•

TORT
CANIPE, Terry, Register Number 60647-080 (T-BOP-96-1S9)- Inmate
alleges that during the morning hours of July 30, 1994, while
he was incarcerated at FCI Bastrop, he was attacked by other
inmates during an institution lockdown. He claims that he
sustained a broken finger and "other injuries." Mr. Canipe
contends that he did not seek immediate medical attention
because he had been warned by other inmates not to give any
information about how he sustained the injuries.
At approximately 6:00 p.m., Mr. Canipe reported to institution
staff that he had slipped on some stairs and had fallen down.
Medical staff examined Mr. Canipe and requested x-rays of his
hand and face. On August 2, 1994, the x-ray revealed that he
had suffered a broken finger, and approximately ten days later,
he was examined by a contract orthopedic physician who noted a
partial ligament rupture on the splinted finger.
The inmate
was instructed to initiate range of motion exercises. On
August 11, 1994, an x-ray revealed a dislocation involving the
joint of the right ring finger.
Surgery was later performed by
a contract surgeon, and Mr. Canipe was referred to Springfield.
Mr. Canipe is seeking one million dollars in damages .

•

•

LITIGATION
None
PERSONAL HATTERS
Michael Hood

February 4-5

FCI Three Rivers
Staff Assistance Visit

Paul Layer

January 21-22

Attended training
seminar on
EmploYment Regulations
in Texas

 

 

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